Intra-Professional Warfare Between Prosecutors and Defense Attorneys

Until recently, I was only vaguely aware of the ongoing war be- tween the United States Department of Justice and the American Bar Association over the ethical conduct of prosecutors in their relation- ships with criminal defense attorneys.\u27 Indeed, while I had always covered some aspects of prosecutorial misconduct in my professional responsibility course, I had never included either of the two ethics rules debated in this symposium-Model Rules 4.2 [hereinafter the anti- contact rule ]2 and 3.8(f) [hereinafter the subpoena rule ].